BILL NUMBER: AB 3358 CHAPTERED
BILL TEXT
CHAPTER 1041
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1996
APPROVED BY GOVERNOR SEPTEMBER 28, 1996
PASSED THE ASSEMBLY AUGUST 30, 1996
PASSED THE SENATE AUGUST 23, 1996
AMENDED IN SENATE AUGUST 21, 1996
AMENDED IN SENATE JULY 2, 1996
INTRODUCED BY Assembly Member Ackerman
FEBRUARY 23, 1996
An act to amend Section 22056 of the Financial Code, to amend
Section 11126 of the Government Code, to amend Section 12162 of the
Public Contract Code, and to amend Sections 40055, 40062, 40122,
40191, 40192, 42164, 42823.5, 43501, 43600, 43602, 43610, 44009,
44106, and 48670 of, and to repeal and add Section 40120.1 of, the
Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 3358, Ackerman. Solid waste management.
(1) Existing law, the California Finance Lenders Law, regulates
consumer and commercial loans.
This bill would exempt the California Integrated Waste Management
Board from the application of that law.
(2) Existing law requires that all meetings of a state body be
open and public, except as specified.
This bill would specify that those provisions requiring open and
public meetings do not prevent the board or its auxiliary committees
from holding closed sessions for the purpose of discussing
confidential tax returns, discussing trade secrets or confidential or
proprietary information in its possession, or discussing other data
the public disclosure of which is prohibited by law. The bill would
make technical and clarifying changes in related provisions.
(3) Existing law, the California Integrated Waste Management Act
of 1989, establishes an integrated waste management program
administered by the board.
The act defines "solid waste disposal" or "disposal" to mean the
final deposition of solid wastes onto land, into the atmosphere, or
into the waters of the state.
This bill would limit that definition for specified purposes of
the act to the final deposition of solid wastes onto land.
The bill would make various technical and clarifying changes in
the act.
(4) This bill would incorporate changes in Section 11126 of the
Government Code proposed by SB 1803, to be operative only if SB 1803
and this bill are both chaptered and this bill becomes effective on
or before January 1, 1997, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22056 of the Financial Code is amended to read:
22056. This division does not apply to the Department of Commerce
or to the California Integrated Waste Management Board.
SEC. 2. Section 11126 of the Government Code is amended to read:
11126. (a) (1) Nothing in this article shall be construed to
prevent a state body from holding closed sessions during a regular or
special meeting to consider the appointment, employment, or
dismissal of a public employee or to hear complaints or charges
brought against that employee by another person or employee unless
the employee requests a public hearing.
(2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least 24
hours before the time for holding a regular or special meeting. If
notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.
(3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
(4) Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
(b) For the purposes of this section, "employee" shall not include
any person who is elected to, or appointed to a public office by,
any state body. However, officers of the California State University
who receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of this
section, the term employee shall include a person exempt from civil
service pursuant to subdivision (e) of Section 4 of Article VII of
the California Constitution.
(c) Nothing in this article shall be construed to do any of the
following:
(1) Prevent state bodies which administer the licensing of persons
engaging in businesses or professions from holding closed sessions
to prepare, approve, grade, or administer examinations.
(2) Prevent an advisory body of a state body which administers the
licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters which the advisory
body has found would constitute an unwarranted invasion of the
privacy of an individual licensee or applicant if discussed in an
open meeting, provided the advisory body does not include a quorum of
the members of the state body it advises. Those matters may include
review of an applicant's qualifications for licensure and an inquiry
specifically related to the state body's enforcement program
concerning an individual licensee or applicant where the inquiry
occurs prior to the filing of a civil, criminal, or administrative
disciplinary action against the licensee or applicant by the state
body.
(3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to be
conducted pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 or similar provisions of law.
(4) Prevent any state body from holding a closed session to
consider matters affecting the national security.
(5) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session when
considering and acting upon the determination of a term, parole, or
release of any individual or other disposition of an individual case,
or if public disclosure of the subjects under discussion or
consideration is expressly prohibited by statute.
(6) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests which the donor
or proposed donor has requested in writing to be kept confidential.
(7) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.
(8) (A) Prevent a state body from holding closed sessions with its
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the purchase,
sale, exchange, or lease.
(B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties which the negotiations may concern and
the person or persons with whom its negotiator may negotiate.
(C) For purposes of this paragraph, the negotiator may be a member
of the state body.
(D) For purposes of this paragraph, "lease" includes renewal or
renegotiation of a lease.
(E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (q).
(9) Prevent the California Postsecondary Education Commission from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the California
Postsecondary Education Commission.
(10) Prevent the Council for Private Postsecondary and Vocational
Education from holding closed sessions to consider matters pertaining
to the appointment or termination of the Executive Director of the
Council for Private Postsecondary and Vocational Education.
(11) Prevent the Franchise Tax Board from holding closed sessions
for the purpose of discussion of confidential tax returns or data the
public disclosure of which is prohibited by law, or from considering
matters pertaining to the appointment or removal of the Executive
Officer of the Franchise Tax Board.
(12) Prevent the Board of Corrections from holding closed sessions
when considering reports of crime conditions under Section 6027 of
the Penal Code.
(13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.
(14) Prevent the State Board of Education, or any committee
advising the State Board of Education, from holding closed sessions
on those portions of its review of assessment instruments pursuant to
Chapter 5 (commencing with Section 60600) of Part 33 of the
Education Code during which actual test content is reviewed and
discussed. The purpose of this provision is to maintain the
confidentiality of the assessments under review.
(15) Prevent the California Integrated Waste Management Board or
its auxiliary committees from holding closed sessions for the purpose
of discussing confidential tax returns, discussing trade secrets or
confidential or proprietary information in its possession, or
discussing other data, the public disclosure of which is prohibited
by law.
(16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions. For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation. For the purpose of real property investment
decisions that may be considered in a closed session pursuant to this
paragraph, a state body shall also be exempt from the provisions of
paragraph 8 relating to the identification of real properties prior
to the closed session.
(17) Prevent a state body, or boards, commissions, administrative
officers, or other representatives that may properly be designated by
law or by a state body, from holding closed sessions with its
representatives in discharging its responsibilities under Chapter 10
(commencing with Section 3500) of Division 4 of Title 1 as the
sessions relate to salaries, salary schedules, or compensation paid
in the form of fringe benefits. For the purposes enumerated in the
preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
(d) (1) Notwithstanding any other provision of law, any meeting of
the Public Utilities Commission at which the rates of entities under
the commission's jurisdiction are changed shall be open and public.
(2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against regulated utilities.
(e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding a
closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
(2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting
closed-session meetings pursuant to this article. For purposes of
this subdivision, litigation shall be considered pending when any of
the following circumstances exist:
(3) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
(4) (A) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body.
(B) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to subparagraph (A).
(5) (A) Based on existing facts and circumstances, the state body
has decided to initiate or is deciding whether to initiate
litigation.
(B) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session. If the closed session is pursuant to
paragraph (1), the memorandum shall include the title of the
litigation. If the closed session is pursuant to paragraph (2) or
(3), the memorandum shall include the existing facts and
circumstances on which it is based. The legal counsel shall submit
the memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session. The memorandum shall be exempt from disclosure pursuant to
Section 6254.25.
(C) For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
(D) Disclosure of a memorandum required under this subdivision
shall not be deemed as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with Section 950) of Chapter
4 of Division 8 of the Evidence Code.
(f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:
(1) Prevent a state body operating under a joint powers agreement
for insurance pooling from holding a closed session to discuss a
claim for the payment of tort liability or public liability losses
incurred by the state body or any member agency under the joint
powers agreement.
(2) Prevent the examining committee established by the State Board
of Forestry, pursuant to Section 763 of the Public Resources Code,
from conducting a closed session to consider disciplinary action
against an individual professional forester prior to the filing of an
accusation against the forester pursuant to Section 11503.
(3) Prevent an administrative committee established by the State
Board of Accountancy pursuant to Section 5020 or 5020.3 of the
Business and Professions Code from conducting a closed session to
consider disciplinary action against an individual accountant prior
to the filing of an accusation against the accountant pursuant to
Section 11503. Nothing in this article shall be construed to prevent
an examining committee established by the Board of Accountancy
pursuant to Section 5023 of the Business and Professions Code from
conducting a closed hearing to interview an individual applicant or
accountant regarding the applicant's qualifications.
(4) Prevent a state body, as defined in Section 11121.2, from
conducting a closed session to consider any matter that properly
could be considered in closed session by the state body whose
authority it exercises.
(5) Prevent a state body, as defined in Section 11121.7, from
conducting a closed session to consider any matter that properly
could be considered in a closed session by the body defined as a
state body pursuant to Section 11121, 11121.2, or 11121.5.
(6) Prevent a state body, as defined in Section 11121.8, from
conducting a closed session to consider any matter that properly
could be considered in a closed session by the state body it advises.
(7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:
(A) When considering matters pertaining to the appointment or
removal of the executive secretary of the State Board of
Equalization.
(B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
(8) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Director of the Office
of Emergency Services or the Governor pursuant to Section 8590
concerning matters relating to volcanic or earthquake predictions,
from holding closed sessions when considering the evaluation of
possible predictions.
(g) This article shall not prevent either of the following:
(1) The Teachers' Retirement Board or the Board of Administration
of the Public Employees' Retirement System from holding closed
sessions when considering matters pertaining to the recruitment,
appointment, employment, or removal of the chief executive officer or
when considering matters pertaining to the recruitment or removal of
the Chief Investment Officer of the State Teachers' Retirement
System or the Public Employees' Retirement System.
(2) The Commission on Teacher Credentialing from holding closed
sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
SEC. 2.5. Section 11126 of the Government Code is amended to read:
11126. (a) Nothing in this article shall be construed to prevent
a state body from holding closed sessions during a regular or special
meeting to consider the appointment, employment, or dismissal of a
public employee or to hear complaints or charges brought against that
employee by another person or employee unless the employee requests
a public hearing. As a condition to holding a closed session on the
complaints or charges to consider disciplinary action or to consider
dismissal, the employee shall be given written notice of his or her
right to have a public hearing, rather than a closed session, which
notice shall be delivered to the employee personally or by mail at
least 24 hours before the time for holding a regular or special
meeting. If notice is not given, any disciplinary or other action
taken against any employee at the closed session shall be null and
void. The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
For the purposes of this section, "employee" shall not include any
person who is elected to, or appointed to a public office by, any
state body. However, officers of the California State University who
receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of this
section, the term employee shall include a person exempt from civil
service pursuant to subdivision (e) of Section 4 of Article VII of
the California Constitution.
(b) Nothing in this article shall be construed to prevent state
bodies which administer the licensing of persons engaging in
businesses or professions from holding closed sessions to prepare,
approve, grade, or administer examinations.
(c) Nothing in this article shall be construed to prevent an
advisory body of a state body which administers the licensing of
persons engaged in businesses or professions from conducting a closed
session to discuss matters which the advisory body has found would
constitute an unwarranted invasion of the privacy of an individual
licensee or applicant if discussed in an open meeting, provided the
advisory body does not include a quorum of the members of the state
body it advises. Those matters may include review of an applicant's
qualifications for licensure and an inquiry specifically related to
the state body's enforcement program concerning an individual
licensee or applicant where the inquiry occurs prior to the filing of
a civil, criminal, or administrative disciplinary action against the
licensee or applicant by the state body.
(d) Nothing in this article shall be construed to prohibit a state
body from holding a closed session to deliberate on a decision to be
reached in a proceeding required to be conducted pursuant to Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
or similar provisions of law.
(e) Nothing in this article shall be construed to prevent any
state body from holding a closed session to consider matters
affecting the national security.
(f) Nothing in this article shall be construed to grant a right to
enter any correctional institution or the grounds of a correctional
institution where that right is not otherwise granted by law, nor
shall anything in this article be construed to prevent a state body
from holding a closed session when considering and acting upon the
determination of a term, parole, or release of any individual or
other disposition of an individual case, or if public disclosure of
the subjects under discussion or consideration is expressly
prohibited by statute.
(g) Nothing in this article shall be construed to prevent any
closed session to consider the conferring of honorary degrees, or
gifts, donations, and bequests which the donor or proposed donor has
requested in writing to be kept confidential.
(h) Nothing in this article shall be construed to prevent the
Alcoholic Beverage Control Appeals Board from holding a closed
session for the purpose of holding a deliberative conference as
provided in Section 11125.
(i) Nothing in this article shall be construed to prevent a state
body from holding closed sessions with its negotiator prior to the
purchase, sale, exchange, or lease of real property by or for the
state body to give instructions to its negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease.
However, prior to the closed session, the state body shall hold an
open and public session in which it identifies the real property or
real properties which the negotiations may concern and the person or
persons with whom its negotiator may negotiate.
For purposes of this subdivision, the negotiator may be a member
of the state body.
For purposes of this subdivision, "lease" includes renewal or
renegotiation of a lease.
Nothing in this subdivision shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (q).
(j) (1) Nothing in this article shall be construed to prevent the
California Postsecondary Education Commission from holding closed
sessions to consider matters pertaining to the appointment or
termination of the Director of the California Postsecondary Education
Commission.
(2) Nothing in this article shall be construed to prevent the
Council for Private Postsecondary and Vocational Education from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Executive Director of the Council
for Private Postsecondary and Vocational Education.
(k) Nothing in this article shall be construed to prevent the
Franchise Tax Board from holding closed sessions for the purpose of
discussion of confidential tax returns or information the public
disclosure of which is prohibited by law, or from considering matters
pertaining to the appointment or removal of the Executive Officer of
the Franchise Tax Board. Nothing in this article shall be construed
to require the Franchise Tax Board to disclose any confidential tax
information considered in closed sessions, the public disclosure of
which is prohibited pursuant to Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of the Revenue and Taxation Code.
(l) Nothing in this article shall be construed to prevent the
Board of Corrections from holding closed sessions when considering
reports of crime conditions under Section 6027 of the Penal Code.
(m) Nothing in this article shall be construed to prevent the
State Air Resources Board from holding closed sessions when
considering the proprietary specifications and performance data of
manufacturers.
(n) Nothing in this article shall be construed to prevent a state
body that invests retirement, pension, or endowment funds from
holding closed sessions when considering investment decisions. For
purposes of consideration of shareholder voting on corporate stocks
held by the state body, closed sessions for the purposes of voting
may be held only with respect to election of corporate directors,
election of independent auditors, and other financial issues that
could have a material effect on the net income of the corporation.
For the purpose of real property investment decisions that may be
considered in a closed session pursuant to this subdivision, a state
body shall also be exempt from the provision of subdivision (i)
relating to the identification of real properties prior to the closed
session.
(o) Nothing in this article shall be construed to prevent a state
body, or boards, commissions, administrative officers, or other
representatives that may properly be designated by law or by a state
body, from holding closed sessions with its representatives in
discharging its responsibilities under Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1 as the sessions relate to
salaries, salary schedules, or compensation paid in the form of
fringe benefits. For the purposes enumerated in the preceding
sentence, a state body may also meet with a state conciliator who has
intervened in the proceedings.
(p) Notwithstanding any other provision of law, any meeting of the
Public Utilities Commission at which the rates of entities under the
commission's jurisdiction are changed shall be open and public.
Nothing in this article shall be construed to prevent the Public
Utilities Commission from holding closed sessions to deliberate on
the institution of proceedings, or disciplinary actions against
regulated utilities.
(q) Nothing in this article shall be construed to prevent a state
body, based on the advice of its legal counsel, from holding a closed
session to confer with, or receive advice from, its legal counsel
regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
For purposes of this article, all expressions of the lawyer-client
privilege other than those provided in this subdivision are hereby
abrogated. This subdivision is the exclusive expression of the
lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this article. For purposes of this subdivision,
litigation shall be considered pending when any of the following
circumstances exist:
(1) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
(2) (A) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body; or
(B) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to subparagraph (A).
(3) Based on existing facts and circumstances, the state body has
decided to initiate or is deciding whether to initiate litigation.
The legal counsel of the state body shall prepare and submit to it
a memorandum stating the specific reasons and legal authority for
the closed session. If the closed session is pursuant to paragraph
(1), the memorandum shall include the title of the litigation. If
the closed session is pursuant to paragraph (2) or (3), the
memorandum shall include the existing facts and circumstances on
which it is based. The legal counsel shall submit the memorandum to
the state body prior to the closed session, if feasible, and in any
case no later than one week after the closed session. The memorandum
shall be exempt from disclosure pursuant to Section 6254.25.
For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
Disclosure of a memorandum required under this subdivision shall
not be deemed as a waiver of the lawyer-client privilege, as provided
for under Article 3 (commencing with Section 950) of Chapter 4 of
Division 8 of the Evidence Code.
(r) Nothing in this article shall be construed to prevent a state
body operating under a joint powers agreement for insurance pooling
from holding a closed session to discuss a claim for the
payment of tort liability or public
liability losses incurred by the state body or any member agency
under the joint powers agreement.
(s) Nothing in this article shall be construed to prevent the
examining committee established by the State Board of Forestry,
pursuant to Section 763 of the Public Resources Code, from conducting
a closed session to consider disciplinary action against an
individual professional forester prior to the filing of an accusation
against the forester pursuant to Section 11503.
(t) Nothing in this article shall be construed to prevent an
administrative committee established by the State Board of
Accountancy pursuant to Section 5020 or 5020.3 of the Business and
Professions Code from conducting a closed session to consider
disciplinary action against an individual accountant prior to the
filing of an accusation against the accountant pursuant to Section
11503. Nothing in this article shall be construed to prevent an
examining committee established by the Board of Accountancy pursuant
to Section 5023 of the Business and Professions Code from conducting
a closed hearing to interview an individual applicant or accountant
regarding the applicant's qualifications.
(u) Nothing in this article shall be construed to prevent a state
body, as defined in Section 11121.2, from conducting a closed session
to consider any matter that properly could be considered in closed
session by the state body whose authority it exercises.
(v) Nothing in this article shall be construed to prevent a state
body, as defined in Section 11121.7, from conducting a closed session
to consider any matter that properly could be considered in a closed
session by the body defined as a state body pursuant to Section
11121, 11121.2, or 11121.5.
(w) Nothing in this article shall be construed to prevent a state
body, as defined in Section 11121.8, from conducting a closed session
to consider any matter that properly could be considered in a closed
session by the state body it advises.
(x) Nothing in this article shall be construed to prevent the
State Board of Equalization from holding closed sessions for either
of the following:
(1) When considering matters pertaining to the appointment or
removal of the executive secretary of the State Board of
Equalization.
(2) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
Nothing in this article shall be construed to require the State
Board of Equalization to disclose any action taken in closed session
or documents executed in connection with that action, the public
disclosure of which is prohibited by law pursuant to Sections 15619
and 15641 of this code and Sections 833, 7056, 8255, 9255, 11655,
30455, 32455, 38705, 38706, 43651, 45982, 46751, 50159, 55381, and
60609 of the Revenue and Taxation Code.
(y) Nothing in this article shall be construed to prevent the
California Earthquake Prediction Evaluation Council, or other body
appointed to advise the Director of the Office of Emergency Services
or the Governor pursuant to Section 8590 concerning matters relating
to volcanic or earthquake predictions, from holding closed sessions
when considering the evaluation of possible predictions.
(z) This article shall not prevent the Teachers' Retirement Board
or the Board of Administration of the Public Employees' Retirement
System from holding closed sessions when considering matters
pertaining to the recruitment, appointment, employment, or removal of
the chief executive officer or when considering matters pertaining
to the recruitment or removal of the Chief Investment Officer of the
State Teachers' Retirement System or the Public Employees' Retirement
System.
(aa) This article shall not prevent the Commission on Teacher
Credentialing from holding closed sessions when considering matters
relating to the recruitment, appointment, or removal of its executive
director.
(bb) Nothing in this article shall be construed to prevent the
State Board of Education, or any committee advising the State Board
of Education, from holding closed sessions on those portions of its
review of assessment instruments pursuant to Chapter 5 (commencing
with Section 60600) of Part 33 of the Education Code during which
actual test content is reviewed and discussed. The purpose of this
provision is to maintain the confidentiality of the assessments under
review.
(cc) This article shall not prevent the California Integrated
Waste Management Board or its auxiliary committees from holding
closed sessions for the purpose of discussing confidential tax
returns, discussing trade secrets or confidential or proprietary
information in its possession, or discussing other data, the public
disclosure of which is prohibited by law.
SEC. 3. Section 12162 of the Public Contract Code is amended to
read:
12162. (a) The department shall set as a goal for the purchase of
recycled paper products that, by January 1, 1996, at least 50
percent of the total dollar amount of paper products purchased or
procured is to be a recycled paper product, as defined in Section
12161. In addition, at least 25 percent of the total fine writing
and printing paper purchased or procured is to be a recycled paper
product, as defined in Section 12161.
(b) All state agencies shall report to the department and to the
board on their progress in meeting the goals specified in subdivision
(a) and Section 12205 and shall submit to the department and to the
board a detailed plan to meet those goals. The department shall
develop a uniform reporting procedure which state agencies shall
follow. If at any time a goal has not been met, the department, in
consultation with the board, shall review procurement policies and
shall make recommendations for immediate revisions to ensure that the
goal is met. The department, in consultation with the board, shall
present its conclusions and recommendations on these revisions of
procurement policies to the Legislature in the department's annual
report pursuant to Section 12225.
(c) (1) All state agencies shall give a price preference, not to
exceed 10 percent, to recycled paper products, if the product's
fitness, quality, and availability are comparable to nonrecycled
products. The board, in consultation with the department, shall
establish, on or before May 1, 1994, and every two years thereafter,
price preferences for the purposes of meeting the goals set forth in
this section and Section 12205 for recycled products. For those
priority commodities, as defined by the board, the price preference
established by the board shall not be less than 5 percent. The board
shall publish the established price preferences annually in the
board's report to the Legislature pursuant to Section 40507 of the
Public Resources Code.
(2) In establishing the price preferences, the board shall take
into consideration all of the following factors:
(A) Materials that comprise the largest percentage of the state's
solid waste stream.
(B) Materials that have the highest percentage of postconsumer
material.
(C) Materials that require expanded markets.
(D) Any other market factors as determined by the board.
(3) The combined dollar amount of preference granted pursuant to
this section and any other provision of law shall not exceed one
hundred thousand dollars ($100,000).
(d) Notwithstanding paragraph (1) of subdivision (c), the recycled
paper bidder preference shall not exceed fifty thousand dollars
($50,000) if a preference exceeding that amount would preclude an
award to a small business that offers nonrecycled paper products and
is qualified in accordance with Section 14838 of the Government Code.
(e) The board shall implement a pilot program, from January 1,
1994, to January 1, 1997, for funding claims submitted by state
agencies for providing the price preferences required by this section
and Section 12205. A state agency's purchase of recycled paper
products pursuant to subdivision (a) shall be ineligible for claims
under the pilot program. On or before March 31, 1996, in conjunction
with the annual report required by Section 40507 of the Public
Resources Code, the board shall report to the Legislature and
Governor on the pilot program and make recommendations concerning the
continuation or modification of the program. A sum of not more than
three hundred thousand dollars ($300,000) total, or one hundred
thousand dollars ($100,000) annually, shall be expended for the
purposes of implementing the pilot program. This subdivision shall
be operative only if adequate funds for the pilot program are made
available.
(f) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted statute
which is chaptered prior to that date extends or deletes that date.
SEC. 4. Section 40055 of the Public Resources Code is amended to
read:
40055. (a) This division, or any rules or regulations adopted
pursuant thereto, is not a limitation on the power of any state
agency in the enforcement or administration of any provision of law
which it is specifically authorized or required to enforce or
administer, including, but not limited to, the exercise by the state
water board or the regional water boards of any of their powers and
duties pursuant to Division 7 (commencing with Section 13000) of the
Water Code, the exercise by the Department of Toxic Substances
Control of any of its powers and duties pursuant to Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code, and the exercise by the State Air Resources Board or any
air pollution control district or air quality management district of
any of its powers and duties pursuant to Division 26 (commencing
with Section 39000) of the Health and Safety Code.
(b) The exercise of authority under this division, including, but
not limited to, the adoption of regulations, plans, permits, or
standards or the taking of any enforcement actions shall not
duplicate or be in conflict with any determination relating to water
quality control made by the state water board or regional water
boards, including requirements in regulations adopted by or under the
authority of the state water board.
(c) Any plans, permits, standards, or corrective action taken
under this division shall be consistent with all applicable water
quality control plans adopted pursuant to Section 13170, and Article
3 (commencing with Section 13240) of Chapter 4 of Division 7, of the
Water Code and the state policies for water quality control adopted
pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of
Division 7 of the Water Code existing at the time of the action or
proposed action.
SEC. 5. Section 40062 of the Public Resources Code is amended to
read:
40062. (a) Upon the request of any person furnishing any report,
notice, application, plan, or other document required by this
division, including any research or survey information requested by
the board for the purpose of implementing its programs, neither the
board nor an enforcement agency, in accordance with subdivisions (c)
and (d), shall make available for inspection by the public any
portion of the report, notice, application, plan, or other document
that contains a trade secret, as defined in subdivision (d) of
Section 3426.1 of the Civil Code, that has been identified pursuant
to subdivision (b).
(b) Any person furnishing information, as described in subdivision
(a), to the board or an enforcement agency pursuant to this division
shall, at the time of submission, identify all information which the
person believes is a trade secret. Any information not identified
by the person as a trade secret shall be made available to the
public, unless exempted from disclosure by another provision of law.
(c) (1) With regard to information that has been identified as a
trade secret pursuant to subdivision (b), the board, upon its own
initiative, or upon receipt of a request for public information
pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code, shall determine whether any or all
of the information has been properly identified as a trade secret.
If the board determines that the information is not a trade secret,
the board shall notify the person who furnished the information by
certified mail.
(2) The person who furnished the information shall have 30 days
from the date of receipt of the notice required by paragraph (1) to
provide the board with a complete justification and statement of the
grounds on which the trade secret privilege is claimed. The
justification and statement shall be submitted to the board by
certified mail.
(3) The board shall determine whether the information is protected
as a trade secret within 15 days from the date of receipt of the
justification and statement or, if no justification and statement is
filed, within 45 days from the date of the notice required by
paragraph (1). The board shall notify the person who furnished the
information and any party who has requested the information pursuant
to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1 of the Government Code of that determination by certified mail. If
the board has determined that the information is not protected as a
trade secret, this final notice shall also specify a date, not sooner
than 15 days from the date of the date of mailing of the final
notice, when the information shall be available to the public.
(d) Except as provided in subdivision (c), the board or an
enforcement agency may release information submitted and designated
as a trade secret only to the following public agencies under the
following conditions:
(1) To other public agencies in connection with the
responsibilities of the board or an enforcement agency under this
division or for use in making reports.
(2) To the state or any state agency in judicial review for
enforcement proceedings involving the person furnishing the
information.
(e) For the purpose of implementing this section, the disclosure
of information shall be consistent with Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.
SEC. 6. Section 40120.1 of the Public Resources Code is repealed.
SEC. 7. Section 40120.1 is added to the Public Resources Code, to
read:
40120.1. "Disposal" has the same meaning as "solid waste disposal"
as defined in Section 40192.
SEC. 8. Section 40122 of the Public Resources Code is amended to
read:
40122. "Disposal site" or "site" includes the place, location,
tract of land, area, or premises in use, intended to be used, or
which has been used, for the landfill disposal of solid wastes.
"Disposal site" includes solid waste landfill, as defined in Section
40195.1.
SEC. 9. Section 40191 of the Public Resources Code is amended to
read:
40191. (a) Except as provided in subdivision (b), "solid waste"
means all putrescible and nonputrescible solid, semisolid, and liquid
wastes, including garbage, trash, refuse, paper, rubbish, ashes,
industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial appliances,
dewatered, treated, or chemically fixed sewage sludge which is not
hazardous waste, manure, vegetable or animal solid and semisolid
wastes, and other discarded solid and semisolid wastes.
(b) "Solid waste" does not include any of the following wastes:
(1) Hazardous waste, as defined in Section 40141.
(2) Radioactive waste regulated pursuant to the Radiation Control
Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division
104 of the Health and Safety Code).
(3) Medical waste regulated pursuant to the Medical Waste
Management Act (Part 14 (commencing with Section 117600) of Division
104 of the Health and Safety Code). Untreated medical waste shall
not be disposed of in a solid waste landfill, as defined in Section
40195.1. Medical waste that has been treated and deemed to be solid
waste shall be regulated pursuant to this division.
SEC. 10. Section 40192 of the Public Resources Code is amended to
read:
40192. (a) Except as provided in subdivisions (b) and (c), "solid
waste disposal" or "disposal" means the final deposition of solid
wastes onto land, into the atmosphere, or into the waters of the
state.
(b) Except as provided in Part 2 (commencing with Section 40900),
for purposes of Part 2 (commencing with Section 40900), "disposal"
means the management of solid waste through landfill disposal or
transformation at a permitted solid waste facility.
(c) For purposes of Chapters 16 (commencing with Section 42800)
and 19 (commencing with Section 42950) of Part 3, Part 4 (commencing
with Section 43000), Part 5 (commencing with Section 45000), Part 6
(commencing with Section 45030), and Chapter 2 (commencing with
Section 47900) of Part 7, "solid waste disposal" or "disposal" means
the final deposition of solid wastes onto land.
SEC. 11. Section 42164 of the Public Resources Code is amended to
read:
42164. "Solid waste landfill" means a solid waste landfill, as
defined in Section 40195.1.
SEC. 12. Section 42823.5 of the Public Resources Code is amended
to read:
42823.5. (a) A cement manufacturing plant shall be exempt from
the requirement to obtain a permit pursuant to Section 42823 if the
operator of the cement manufacturing plant meets both of the
following requirements:
(1) The owner or operator of the cement manufacturing plant stores
not more than a one-month supply of waste tires at the site of the
cement manufacturing plant at any time. A one-month supply of waste
tires shall be based on either of the following:
(A) The average monthly consumption of waste tires by the plant
during the previous year.
(B) The waste tire percentage of the total fuel supply allowed by
the air pollution control district or air quality management
district, multiplied by the average monthly consumption of fuel for
the previous year.
(2) The operator or owner of the cement manufacturing plant is in
compliance with any regulations adopted by the board pertaining to
waste tire storage and disposal.
(b) To apply for the exemption provided by this section, the
operator or owner of a cement manufacturing plant shall provide all
of the following information to the board in writing:
(1) The name, address, and physical location of the plant.
(2) The name, address, and telephone number of the plant operator
and owner.
(3) Information describing compliance with subdivision (a).
(4) Signatures of the operator and owner of the plant certifying
to the accuracy of the information provided.
(c) If there is any change to the information provided pursuant to
subdivision (b), the operator or owner of the cement manufacturing
plant shall report the change to the board, in writing, within 30
days from the date of the change.
(d) Within 60 days from the date of the receipt of the information
required by subdivision (b), the board shall determine whether the
operator or owner of a cement manufacturing plant qualifies for the
exemption provided by this section and shall notify the operator or
owner of the plant of its determination in writing.
(e) The board or the local enforcement agency may inspect a cement
manufacturing plant that receives the exemption provided by this
section to determine compliance with this section.
(f) Any operator or owner of a cement manufacturing plant who
receives an exemption pursuant to this section shall allow the board,
upon presentation of the proper credentials, to enter the cement
manufacturing plant during normal working hours to examine and copy
books, papers, records, or memoranda pertaining to the use and
storage of waste tires, and to conduct inspections and investigations
pertaining to waste tire use and storage.
SEC. 13. Section 43501 of the Public Resources Code is amended to
read:
43501. (a) Any person owning or operating a solid waste landfill,
as defined in Section 40195.1, shall do both of the following:
(1) Upon application to become an operator of a solid waste
facility pursuant to Section 44001, certify to the board and the
local enforcement agency that all of the following have been
accomplished:
(A) The owner or operator has prepared an initial estimate of
closure and postclosure maintenance costs. The board shall adopt
regulations that provide for an increase in the initial cost estimate
to account for cost overruns due to unforeseeable circumstances, and
to provide a reasonable contingency comparable to that which is
built into cost estimates for other, similar public works projects.
(B) The owner or operator has established a trust fund or
equivalent financial arrangement acceptable to the board, as
specified in Article 4 (commencing with Section 43600).
(C) The amounts that the owner or operator will deposit annually
in the trust fund or equivalent financial arrangement acceptable to
the board will ensure adequate resources for closure and postclosure
maintenance.
(2) Submit to the regional water board, the local enforcement
agency, and the board a plan for the closure of the solid waste
landfill and a plan for the postclosure maintenance of the solid
waste landfill.
(b) Notwithstanding subparagraph (C) of paragraph (1) of
subdivision (a) or any other provision of law, if the owner or
operator is a county with a population of 200,000 or less, as
determined by the 1990 decennial census, the county shall not be
required to make annual deposits in excess of the amount required by
the federal act or any other applicable federal law, or by any
board-approved formula which meets the requirements of the federal
act.
(c) If not in conflict with federal law or regulations, a county
or city may, with regard to a solid waste landfill owned or operated
by the county or city, base its estimate of closure and postclosure
maintenance costs on the costs of employing county or city employees
or persons under contract with the county or city in performing
closure and postclosure maintenance. However, even if, to meet
federal requirements, the costs estimate is based on the most
expensive costs of closure and postclosure maintenance performed by a
third party, the county or city may, to effect cost savings, employ
county or city employees or employ persons under contract to actually
perform closure operations or postclosure maintenance operations.
SEC. 14. Section 43600 of the Public Resources Code is amended to
read:
43600. (a) Except as otherwise provided in subdivision (b), any
person owning or operating a solid waste landfill, as defined in
Section 40195.1, shall, with the closure plan and postclosure
maintenance plan submitted pursuant to subdivision (b) of Section
43501, submit to the board evidence of financial ability to provide
for the cost of closure and postclosure maintenance, in an amount
that is equal to the estimated cost of closure and 15 years of
postclosure maintenance, contained in the closure plan and the
postclosure maintenance plan submitted.
(b) On and after the effective date of the federal regulations set
forth in Subpart G (commencing with Section 258.70) of Part 258 of
Title 40 of the Code of Federal Regulations, any person owning or
operating a solid waste landfill, shall, with the closure plan and
postclosure maintenance plan submitted pursuant to subdivision (b) of
Section 43501, submit to the board evidence of financial ability to
provide for closure and postclosure maintenance, in an amount that is
equal to the estimated cost of closure and 30 years of postclosure
maintenance, contained in the closure plan and the postclosure
maintenance plan submitted.
SEC. 15. Section 43602 of the Public Resources Code is amended to
read:
43602. (a) Except as provided in subdivision (b), evidence of
financial ability required of an owner or operator of a solid waste
landfill, as defined in Section 40195.1, shall be adjusted to equal
the estimated costs of closure and 15 years of postclosure
maintenance in the approved plans. Revisions in the plans prior to
closure shall be accompanied by corresponding revisions in cost
estimates and financial assurances.
(b) On and after the effective date of the federal regulations set
forth in Subpart G (commencing with Section 258.70) of Part 258 of
Title 40 of the Code of Federal Regulations, the evidence of
financial ability required of an owner or operator of a solid waste
landfill shall be adjusted to equal the estimated costs of closure
and 30 years of postclosure maintenance in the approved plans.
Revisions in the plans prior to closure shall be accompanied by
corresponding revisions in cost estimates and financial assurances.
SEC. 16. Section 43610 of the Public Resources Code is amended to
read:
43610. (a) Notwithstanding Article 3 (commencing with Section
43500) or this article, a small city which operates a solid waste
landfill, as defined in Section 40195.1, in Kings County, that is
operational and, as of January 1, 1991, has been granted all required
permits, is not required to submit a postclosure maintenance plan or
to provide a fund for postclosure maintenance pursuant to Article 3
(commencing with Section 43500) or this article, if all of the
following conditions are met:
(1) The city has a population of less than 20,000 persons.
(2) The solid waste landfill receives less than 20,000 tons of
solid waste per year.
(3) The water table of the highest aquifer under the solid waste
landfill is 250 or more feet below the base of the solid waste
landfill and the water in the highest aquifer is not potable.
(4) The solid waste landfill receives less than an average of 12
inches of rainfall per year.
(5) The solid waste landfill is closed in compliance with all
state closure testing requirements at the time of closure.
(b) The exemption in subdivision (a) from the requirement to
submit a postclosure maintenance plan shall become inoperative on the
effective date of the federal regulations set forth in Subpart F
(commencing with Section 258.60) of Part 258 of Title 40 of the Code
of Federal Regulations, and the exemption in subdivision (a) from the
requirement to provide a fund for postclosure maintenance shall
become inoperative on the effective date of the federal regulations
set forth in Subpart G (commencing with Section 258.70) of Part 258
of Title 40 of the Code of Federal Regulations.
SEC. 17. Section 44009 of the Public Resources Code is
amended to read:
44009. (a) (1) The board shall, in writing, concur or object to
the issuance, modification, or revision of any solid waste facilities
permit within 60 days from the date of the board's receipt of any
proposed solid waste facilities permit submitted under Section 44007
after consideration of the issues in this section.
(2) If the board determines that the permit is not consistent with
the state minimum standards adopted pursuant to Section 43020, or is
not consistent with Sections 43040, 43600, 44007, 44010, 44017,
44150, and 44152 or Division 31 (commencing with Section 50000), the
board shall object to provisions of the permit and shall submit those
objections to the local enforcement agency for its consideration.
(3) If the board fails to concur or object in writing within the
60-day period specified in paragraph (1), the board shall be deemed
to have concurred in the issuance of the permit as submitted to it.
(b) Notwithstanding subdivision (a), the board is not required to
concur in, or object to, and shall not be deemed to have concurred
in, the issuance of a solid waste facilities permit for a disposal
facility if the owner or operator is not in compliance with, as
determined by the regional water board, an enforcement order issued
pursuant to Chapter 5 (commencing with Section 13300) of Division 7
of the Water Code, or if all of the following conditions exist:
(1) Waste discharge requirements for the disposal facility issued
by the applicable regional water board are pending review in a
petition before the state water board.
(2) The petition for review of the waste discharge requirements
includes a request for a stay of the waste discharge requirements.
(3) The state water board has not taken action on the stay request
portion of the pending petition for review of waste discharge
requirements.
(c) In objecting to the issuance, modification, or revision of any
solid waste facilities permit pursuant to this section, the board
shall, based on substantial evidence in the record as to the matter
before the board, state its reasons for objecting. The board shall
not object to the issuance, modification, or revision of any solid
waste facilities permit unless the board finds that the permit is not
consistent with the state minimum standards adopted pursuant to
Section 43020, or is not consistent with Section 43040, 43600, 44007,
44010, 44017, 44150, or 44152 or Division 31 (commencing with
Section 50000).
(d) Nothing in this section is intended to require that a solid
waste facility obtain a waste discharge permit from a regional water
board prior to obtaining a solid waste facilities permit.
SEC. 18. Section 44106 of the Public Resources Code is amended to
read:
44106. (a) The enforcement agency shall develop a compliance
schedule for a solid waste facility included in the inventory
prepared pursuant to Section 44104. The compliance schedule shall
ensure that diligent progress will be made to bring the solid waste
facility into compliance.
(b) Except as provided in subdivision (d), if the solid waste
facility is not in compliance with the schedule established by the
enforcement agency, the enforcement agency may revoke the operating
permit of the solid waste facility until the violations of state
minimum standards are remedied. If a closed or abandoned disposal
site is not in compliance within the one-year period, the unremedied
condition is prima facie evidence of negligence; and, in any action
for damages against the owner of the property for injury caused by
the unremedied condition, the burden of proving that the injury was
not caused by the unremedied condition shall be on the owner of the
property.
(c) The enforcement agency may recover any costs incurred pursuant
to this section by charging the fee authorized by Section 43213.
(d) The enforcement agency shall refer violations of a waste
discharge requirement adopted under Section 13263 of the Water Code
to the appropriate regional water board.
SEC. 19. Section 48670 of the Public Resources Code is amended to
read:
48670. To be eligible for payment of a recycling incentive, an
industrial generator of used lubricating oil, a used oil collection
center, or a curbside collection program shall report to the board,
for each quarter, the amount of lubricating oil purchased and the
amount of used lubricating oil that is transported to a certified
used oil recycling facility, or to a used oil storage facility or to
a used oil transfer facility, or that is transported to an
out-of-state recycling facility registered with the Environmental
Protection Agency and permitted to operate by the applicable
regulatory agency of the state in which the facility is located, or
that is used to generate electricity pursuant to subdivision (b) of
Section 48651. The reports shall be submitted on or before the 45th
day following each quarter, in the form and manner which the board
may prescribe, and shall include copies of manifests or modified
manifest receipts from used oil haulers. The board may delegate to
the executive officer of the board the authority to accept reports
submitted after the 45th day and to reduce, eliminate, or approve the
amount of incentive fee to be paid due to the late submission of the
report. The board may provide, by regulation, for a longer
reporting period for industrial generators that generate less than
1,000 gallons of used oil annually.
SEC. 20. Section 2.5 of this bill incorporates amendments to
Section 11126 of the Government Code proposed by both this bill and
SB 1803. It shall only become operative if (1) both bills are enacted
and become effective on January 1, 1997, (2) each bill amends
Section 11126 of the Government Code, and (3) this bill is enacted
after SB 1803, in which case Section 2 of this bill shall not become
operative.